Photo Credit: Otherbrick
A company belonging to Pink Floyd’s David Gilmour, David Gilmour Music Ltd., is filing suit against the owner of Otherbrick.com, alleging trademark infringement and counterfeiting.
The lawsuit, filed in Illinois on Monday, April 21, states it was created to “combat online counterfeiters who trade upon [Gilmour’s] reputation and goodwill by selling and/or offering for sale products in connection with” his “David Gilmour Trademark,” US Trademark Registration No. 3,756,468.
According to the website’s about page, it is the “ultimate destination for Pink Floyd-inspired merchandise,” such as t-shirts, accessories, and home decor, that “reflect the spirit of this iconic band.” Most importantly, the website features David Gilmour-related merchandise, which Gilmour and his company claim are being sold without his permission.
“[David Gilmour Music Ltd.] is in the business of developing, marketing, selling, distributing, and retailing high-quality concert merchandise […] under the federally registered ‘David Gilmour’ Trademark,” the lawsuit reads.
Since David Gilmour’s trademark has been “continuously used and never abandoned,” the filing says products bearing his name and trademark are “widely recognized and exclusively associated by consumers, the public, and the trade as being products sourced from [Gilmour].”
“[Otherbrick] is using a fake online storefront designed to appear to be selling genuine [Gilmour] products, while selling inferior imitations of [Gilmour] products,” says the filing, further asserting that the owner of Otherbrick has “intentionally concealed [their] identity and the full scope of its counterfeiting operations in an effort to deter [Gilmour] from learning [the owner’s] true identity.”
Gilmour is seeking a permanent injunction to stop the unauthorized use of his trademark and future sales, transfer of the domain name to Gilmour’s company, removal of the site from search results, as well as substantial damages and attorneys’ fees.
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David Gilmour Sues Otherbrick Over Selling Allegedly Fake Merch – Digital Music News
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